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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1043 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1043

 To ensure that transportation and infrastructure projects carried out 
 using Federal financial assistance are constructed with steel, iron, 
and manufactured goods that are produced in the United States, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2015

  Mr. Merkley (for himself and Ms. Baldwin) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
 To ensure that transportation and infrastructure projects carried out 
 using Federal financial assistance are constructed with steel, iron, 
and manufactured goods that are produced in the United States, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Invest in American 
Jobs Act of 2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                 TITLE I--DEPARTMENT OF TRANSPORTATION

Sec. 101. Federal-aid highway Buy America provisions.
Sec. 102. Public transportation Buy America provisions.
Sec. 103. Rail grant Buy America provisions.
Sec. 104. Rail loan and loan guarantee Buy America provisions.
Sec. 105. Amtrak Buy America provisions.
Sec. 106. Aviation Buy America provisions.
Sec. 107. Department of Transportation Buy America annual report.
               TITLE II--OTHER INFRASTRUCTURE INVESTMENT

Sec. 201. Drinking water treatment Buy America provisions.
Sec. 202. Economic development Buy America provisions.
Sec. 203. FEMA mitigation grant Buy America provisions.
Sec. 204. Bridges over navigable waters Buy America provisions.

                 TITLE I--DEPARTMENT OF TRANSPORTATION

SEC. 101. FEDERAL-AID HIGHWAY BUY AMERICA PROVISIONS.

    (a) In General.--Section 313 of title 23, United States Code, is 
amended to read as follows:
``Sec. 313. Buy America
    ``(a) Definition of Produced in the United States.--In this 
section, the term `produced in the United States' means, with respect 
to iron and steel, produced in a manner in which all manufacturing 
processes, including the application of coatings, occurs in the United 
States, other than a metallurgical process involving the refinement of 
steel additives.
    ``(b) Domestic Source Requirement for Steel, Iron, and Manufactured 
Goods.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, amounts made available to carry out this title may not be 
        obligated for a project unless the steel, iron, and 
        manufactured goods used for the project are produced in the 
        United States.
            ``(2) Scope.--This section applies to all contracts for a 
        project carried out within the scope of the applicable finding, 
        determination, or decision under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the 
        funding source of those contracts, if at least 1 contract for 
        the project is funded with amounts made available to carry out 
        this title.
    ``(c) Exceptions.--
            ``(1) Issuance of waivers.--The Secretary may waive 
        subsection (b) only if the Secretary finds that--
                    ``(A) applying subsection (b) would be inconsistent 
                with the public interest, as determined in accordance 
                with the regulations issued in accordance with 
                paragraph (2);
                    ``(B) the steel, iron, or manufactured goods 
                required for a project are not produced in the United 
                States--
                            ``(i) in sufficient and reasonably 
                        available quantities; or
                            ``(ii) to a satisfactory quality; or
                    ``(C) the use of steel, iron, and manufactured 
                goods produced in the United States for a project will 
                increase the total cost of the project by more than 25 
                percent.
            ``(2) Regulations.--Not later than 1 year after the date of 
        enactment of the Invest in American Jobs Act of 2015, the 
        Secretary shall issue regulations establishing the criteria 
        that the Secretary shall use to determine whether the 
        application of subsection (b) is inconsistent with the public 
        interest for purposes of paragraph (1)(A).
            ``(3) Labor costs.--For purposes of this subsection, labor 
        costs involved in final assembly shall not be included in 
        calculating the cost of components.
            ``(4) Requests for waivers.--A recipient of assistance 
        under this title seeking a waiver under paragraph (1) shall 
        submit to the Secretary a request for the waiver in such form 
        and containing such information as the Secretary may require.
    ``(d) Waiver Requirements.--
            ``(1) Public notification of and opportunity for comment on 
        request for a waiver.--
                    ``(A) In general.--If the Secretary receives a 
                request for a waiver under subsection (c), the 
                Secretary shall provide notice of and an opportunity 
                for public comment on the request at least 30 days 
                before making a finding based on the request.
                    ``(B) Notice requirements.--A notice provided under 
                subparagraph (A) shall--
                            ``(i) include the information available to 
                        the Secretary concerning the request, including 
                        whether the request is being made under 
                        subparagraph (A), (B), or (C) of subsection 
                        (c)(1); and
                            ``(ii) be provided by electronic means, 
                        including on the official public Internet site 
                        of the Department of Transportation.
            ``(2) Detailed justification in federal register.--If the 
        Secretary issues a waiver under subsection (c), the Secretary 
        shall publish in the Federal Register a detailed justification 
        for the waiver that--
                    ``(A) addresses the public comments received under 
                paragraph (1)(A); and
                    ``(B) is published before the waiver takes effect.
    ``(e) State Requirements.--The Secretary may not impose a 
limitation or condition on assistance provided under this title that 
restricts--
            ``(1) a State from imposing requirements that are more 
        stringent than those imposed under this section with respect to 
        limiting the use of articles, materials, or supplies mined, 
        produced, or manufactured in foreign countries for projects 
        carried out with such assistance; or
            ``(2) any recipient of such assistance from complying with 
        the State requirements referred to in paragraph (1).
    ``(f) Intentional Violations.--Pursuant to procedures established 
under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations 
(or successor regulations), a person shall be ineligible to receive a 
contract or subcontract funded with amounts made available to carry out 
this title if the Secretary, the head of any department, agency, or 
instrumentality of the United States, or a court determines that the 
person intentionally--
            ``(1) affixed a label bearing a `Made in America' 
        inscription, or any inscription with the same meaning, to any 
        steel, iron, or manufactured goods that--
                    ``(A) were used in a project to which this section 
                applies; and
                    ``(B) were not produced in the United States; or
            ``(2) represented that any steel, iron, or manufactured 
        goods were produced in the United States that--
                    ``(A) were used in a project to which this section 
                applies; and
                    ``(B) were not produced in the United States.
    ``(g) Consistency With International Agreements.--
            ``(1) In general.--This section shall be applied in a 
        manner that is consistent with United States obligations under 
        international agreements.
            ``(2) Treatment of foreign countries in violation of 
        international agreements.--The Secretary shall prohibit the use 
        of steel, iron, and manufactured goods produced in a foreign 
        country in a project funded with amounts made available to 
        carry out this title, including any project for which the 
        Secretary has issued a waiver under subsection (c), if the 
        Secretary, in consultation with the United States Trade 
        Representative, determines that the foreign country is in 
        violation of the terms of an agreement with the United States 
        by discriminating against steel, iron, or manufactured goods 
        that are produced in the United States and covered by the 
        agreement.''.
    (b) Review of Nationwide Waivers.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and at least every 5 years thereafter, 
        the Secretary of Transportation shall review each standing 
        nationwide waiver issued under section 313 of title 23, United 
        States Code, to determine whether continuing the waiver is 
        necessary.
            (2) Public notification of and opportunity for comment on 
        review of standing nationwide waivers.--In conducting a review 
        under paragraph (1), the Secretary shall provide notice of and 
        an opportunity for public comment on the review at least 30 
        days before completing the review.
            (3) Notice requirement.--A notice provided under paragraph 
        (2) shall be provided by electronic means, including on the 
        official public Internet site of the Department of 
        Transportation.
            (4) Detailed justification in federal register.--If the 
        Secretary finds it is necessary to continue a standing 
        nationwide waiver after a review under paragraph (1), the 
        Secretary shall publish in the Federal Register a detailed 
        justification for the waiver that addresses the public comments 
        received under paragraph (2).
    (c) Repeals.--
            (1) Waiver notification and annual reports.--Section 117 of 
        the SAFETEA-LU Technical Corrections Act of 2008 (23 U.S.C. 313 
        note; Public Law 110-244) is repealed.
            (2) Notice and public comments.--Section 123 of title I of 
        division A of the Consolidated Appropriations Act, 2010 (23 
        U.S.C. 313 note; Public Law 111-117) is repealed.

SEC. 102. PUBLIC TRANSPORTATION BUY AMERICA PROVISIONS.

    (a) In General.--Section 5323(j) of title 49, United States Code, 
is amended to read as follows:
    ``(j) Buy America.--
            ``(1) Definition of produced in the united states.--In this 
        subsection, the term `produced in the United States' means, 
        with respect to iron and steel, produced in a manner in which 
        all manufacturing processes, including the application of 
        coatings, occurs in the United States, other than a 
        metallurgical process involving the refinement of steel 
        additives.
            ``(2) Domestic source requirement for steel, iron, and 
        manufactured goods.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, and except as provided in 
                subparagraph (B), amounts made available to carry out 
                this chapter may not be obligated for a project unless 
                the steel, iron, and manufactured goods used for the 
                project are produced in the United States.
                    ``(B) Special rules for rolling stock.--
                            ``(i) In general.--Amounts made available 
                        to carry out this chapter may not be obligated 
                        for the procurement of rolling stock (including 
                        train control, communication, and traction 
                        power equipment, and rolling stock prototypes) 
                        unless, when procuring such rolling stock under 
                        this chapter--
                                    ``(I) the cost of components and 
                                subcomponents produced in the United 
                                States is more than the applicable 
                                percentage under clause (ii) of the 
                                cost of all components of the rolling 
                                stock; and
                                    ``(II) final assembly of the 
                                rolling stock, including rolling stock 
                                prototypes, occurs in the United 
                                States.
                            ``(ii) Applicable percentage.--The 
                        applicable percentage under this clause--
                                    ``(I) for fiscal year 2015 is 60 
                                percent;
                                    ``(II) for fiscal year 2016 is 70 
                                percent;
                                    ``(III) for fiscal year 2017 is 80 
                                percent;
                                    ``(IV) for fiscal year 2018 is 90 
                                percent; and
                                    ``(V) for fiscal year 2019 and each 
                                fiscal year thereafter is 100 percent.
                    ``(C) Scope.--This subsection applies to all 
                contracts for a public transportation project carried 
                out within the scope of the applicable finding, 
                determination, or decision under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.), regardless of the funding source of those 
                contracts, if at least 1 contract for the public 
                transportation project is funded with amounts made 
                available to carry out this chapter.
            ``(3) Exceptions.--
                    ``(A) Issuance of waivers.--The Secretary may waive 
                paragraph (2) only if the Secretary finds that--
                            ``(i) applying paragraph (2) would be 
                        inconsistent with the public interest, as 
                        determined in accordance with the regulations 
                        issued in accordance with subparagraph (B);
                            ``(ii) the steel, iron, or manufactured 
                        goods required for a project are not produced 
                        in the United States--
                                    ``(I) in sufficient and reasonably 
                                available quantities; or
                                    ``(II) to a satisfactory quality; 
                                or
                            ``(iii) the use of steel, iron, and 
                        manufactured goods produced in the United 
                        States for a project will increase the total 
                        cost of the project by more than 25 percent.
                    ``(B) Regulations.--Not later than 1 year after the 
                date of enactment of the Invest in American Jobs Act of 
                2015, the Secretary shall issue regulations 
                establishing the criteria that the Secretary shall use 
                to determine whether the application of paragraph (2) 
                is inconsistent with the public interest for purposes 
                of subparagraph (A)(i).
                    ``(C) Components of rolling stock.--If the 
                Secretary finds that a component of rolling stock is 
                not produced in the United States in sufficient and 
                reasonably available quantities or to a satisfactory 
                quality, the Secretary may issue a waiver under 
                subparagraph (A) with respect to such component.
                    ``(D) Labor costs.--For purposes of this paragraph, 
                labor costs involved in final assembly shall not be 
                included in calculating the cost of components.
                    ``(E) Requests for waivers.--A recipient of 
                assistance under this chapter seeking a waiver under 
                subparagraph (A) shall submit to the Secretary a 
                request for the waiver in such form and containing such 
                information as the Secretary may require.
            ``(4) Waiver requirements.--
                    ``(A) Public notification of and opportunity for 
                comment on request for a waiver.--
                            ``(i) In general.--If the Secretary 
                        receives a request for a waiver under paragraph 
                        (3), the Secretary shall provide notice of and 
                        an opportunity for public comment on the 
                        request at least 30 days before making a 
                        finding based on the request.
                            ``(ii) Notice requirements.--A notice 
                        provided under clause (i) shall--
                                    ``(I) include the information 
                                available to the Secretary concerning 
                                the request, including whether the 
                                request is being made under clause (i), 
                                (ii), or (iii) of paragraph (3)(A); and
                                    ``(II) be provided by electronic 
                                means, including on the official public 
                                Internet site of the Department of 
                                Transportation.
                    ``(B) Detailed justification in federal register.--
                If the Secretary issues a waiver under paragraph (3), 
                the Secretary shall publish in the Federal Register a 
                detailed justification for the waiver that--
                            ``(i) addresses the public comments 
                        received under subparagraph (A)(i); and
                            ``(ii) is published before the waiver takes 
                        effect.
            ``(5) State requirements.--The Secretary may not impose a 
        limitation or condition on assistance provided under this 
        chapter that restricts--
                    ``(A) a State from imposing requirements that are 
                more stringent than those imposed under this subsection 
                with respect to limiting the use of articles, 
                materials, or supplies mined, produced, or manufactured 
                in foreign countries for projects carried out with such 
                assistance; or
                    ``(B) any recipient of such assistance from 
                complying with the State requirements.
            ``(6) Intentional violations.--Pursuant to procedures 
        established under subpart 9.4 of chapter 1 of title 48, Code of 
        Federal Regulations (or successor regulations), a person shall 
        be ineligible to receive a contract or subcontract funded with 
        amounts made available to carry out this chapter or any other 
        law providing Federal public transportation assistance if the 
        Secretary, the head of any department, agency, or 
        instrumentality of the United States, or a court determines 
        that such person intentionally--
                    ``(A) affixed a label bearing a `Made in America' 
                inscription, or any inscription with the same meaning, 
                to any steel, iron, or manufactured goods that--
                            ``(i) were used in a project to which this 
                        subsection applies; and
                            ``(ii) were not produced in the United 
                        States; or
                    ``(B) represented that any steel, iron, or 
                manufactured goods were produced in the United States 
                that--
                            ``(i) were used in a project to which this 
                        subsection applies; and
                            ``(ii) were not produced in the United 
                        States.
            ``(7) Consistency with international agreements.--
                    ``(A) In general.--This subsection shall be applied 
                in a manner that is consistent with United States 
                obligations under international agreements.
                    ``(B) Treatment of foreign countries in violation 
                of international agreements.--The Secretary shall 
                prohibit the use of steel, iron, and manufactured goods 
                produced in a foreign country in a project funded with 
                amounts made available to carry out this chapter or any 
                other law providing Federal public transportation 
                assistance, including any project for which the 
                Secretary has issued a waiver under paragraph (3), if 
                the Secretary, in consultation with the United States 
                Trade Representative, determines that the foreign 
                country is in violation of the terms of an agreement 
                with the United States by discriminating against steel, 
                iron, or manufactured goods that are produced in the 
                United States and covered by the agreement.
            ``(8) Opportunity to correct inadvertent error.--The 
        Secretary may allow a manufacturer or supplier of steel, iron, 
        or manufactured goods to correct after bid opening an 
        incomplete Buy America certificate or an incorrect certificate 
        of noncompliance (but not a failure to sign a certificate, a 
        submission of both a certificate of compliance and a 
        certificate of noncompliance, or a failure to submit any 
        certificate) under this subsection if such manufacturer or 
        supplier attests under penalty of perjury that such 
        manufacturer or supplier submitted an incomplete or incorrect 
        certificate as a result of an inadvertent or clerical error. 
        The burden of establishing inadvertent or clerical error is on 
        the manufacturer or supplier.''.
    (b) Review of General Public Interest Waivers.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and at least every 5 years thereafter, 
        the Secretary of Transportation shall review the general public 
        interest waivers described in subsection (b) of Appendix A to 
        section 661.7 of title 49, Code of Federal Regulations, to 
        determine whether continuing such waivers is in the public 
        interest.
            (2) Public notification of and opportunity for comment on 
        review of standing nationwide waivers.--In conducting a review 
        under paragraph (1), the Secretary shall provide notice of and 
        an opportunity for public comment on the review at least 30 
        days before completing the review.
            (3) Notice requirement.--A notice provided under paragraph 
        (2) shall be provided by electronic means, including on the 
        official public Internet site of the Department of 
        Transportation.
            (4) Detailed justification in federal register.--If the 
        Secretary finds it is necessary to continue a standing 
        nationwide waiver after a review under paragraph (1), the 
        Secretary shall publish in the Federal Register a detailed 
        justification for such waiver that addresses the public 
        comments received under paragraph (2).

SEC. 103. RAIL GRANT BUY AMERICA PROVISIONS.

    (a) In General.--Section 24405(a) of title 49, United States Code, 
is amended to read as follows:
    ``(a) Buy America.--
            ``(1) Definition of produced in the united states.--In this 
        subsection, the term `produced in the United States' means, 
        with respect to iron and steel, produced in a manner in which 
        all manufacturing processes, including the application of 
        coatings, occurs in the United States, other than a 
        metallurgical process involving the refinement of steel 
        additives.
            ``(2) Domestic source requirement for steel, iron, and 
        manufactured goods.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, amounts made available to carry out 
                this chapter, chapter 223, chapter 261, or section 
                20154 or 24105 may not be obligated for a project 
                unless the steel, iron, and manufactured goods used for 
                the project are produced in the United States.
                    ``(B) Scope.--This subsection applies to all 
                contracts for a project carried out within the scope of 
                the applicable finding, determination, or decision 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.), regardless of the funding source 
                of those contracts, if at least 1 contract for the 
                project is funded with amounts made available to carry 
                out a provision described in subparagraph (A).
            ``(3) Exceptions.--
                    ``(A) Issuance of waivers.--The Secretary of 
                Transportation may waive paragraph (2) if the Secretary 
                determines that--
                            ``(i) applying paragraph (2) would be 
                        inconsistent with the public interest, as 
                        determined in accordance with the regulations 
                        issued in accordance with subparagraph (B);
                            ``(ii) the steel, iron, or manufactured 
                        goods required for a project are not produced 
                        in the United States--
                                    ``(I) in sufficient and reasonably 
                                available quantities; or
                                    ``(II) to a satisfactory quality; 
                                or
                            ``(iii) the use of steel, iron, and 
                        manufactured goods produced in the United 
                        States for a project will increase the total 
                        cost of the project by more than 25 percent.
                    ``(B) Rulemaking.--Not later than 1 year after the 
                date of the enactment of the Invest in American Jobs 
                Act of 2015, the Secretary shall issue regulations 
                establishing the criteria that the Secretary shall use 
                to determine whether the application of paragraph (2) 
                is inconsistent with the public interest for purposes 
                of subparagraph (A)(i).
                    ``(C) Labor costs.--For purposes of this paragraph, 
                labor costs involved in final assembly shall not be 
                included in calculating the cost of components.
                    ``(D) Requests for waivers.--A recipient of 
                assistance under this chapter, chapter 223, chapter 
                261, or section 20154 or 24105 seeking a waiver under 
                subparagraph (A) shall submit to the Secretary a 
                request for the waiver in such form and containing such 
                information as the Secretary may require.
            ``(4) Waiver requirements.--
                    ``(A) Public notification of and opportunity for 
                comment on request for a waiver.--
                            ``(i) In general.--If the Secretary 
                        receives a request for a waiver under paragraph 
                        (3), the Secretary shall provide notice of, and 
                        an opportunity for, public comment on the 
                        request at least 30 days before making a 
                        determination based on the request.
                            ``(ii) Notice requirements.--A notice under 
                        clause (i) shall--
                                    ``(I) include the information 
                                available to the Secretary concerning 
                                the request, including whether the 
                                request is being made under clause (i), 
                                (ii), or (iii) of paragraph (3)(A); and
                                    ``(II) be provided by electronic 
                                means, including on the official public 
                                Internet site of the Department of 
                                Transportation.
                    ``(B) Detailed justification in federal register.--
                If the Secretary issues a waiver under paragraph (3), 
                the Secretary shall publish, in the Federal Register, a 
                detailed justification for the waiver that--
                            ``(i) addresses the public comments 
                        received under subparagraph (A)(i); and
                            ``(ii) is published before the waiver takes 
                        effect.
            ``(5) State requirements.--The Secretary may not impose a 
        limitation or condition on assistance provided under this 
        chapter, chapter 223, chapter 261, or section 20154 or 24105 
        that restricts--
                    ``(A) a State from imposing requirements that are 
                more stringent than those imposed under this subsection 
                with respect to limiting the use of articles, 
                materials, or supplies mined, produced, or manufactured 
                in foreign countries for projects carried out with such 
                assistance; or
                    ``(B) any recipient of such assistance from 
                complying with such State requirements.
            ``(6) Intentional violations.--Pursuant to procedures 
        established under subpart 9.4 of chapter 1 of title 48, Code of 
        Federal Regulations (or successor regulations), a person shall 
        be ineligible to receive a contract or subcontract funded with 
        amounts made available to carry out this chapter, chapter 223, 
        chapter 261, or section 20154 or 24105 if the Secretary, the 
        head of any department, agency, or instrumentality of the 
        United States, or a court determines that such person 
        intentionally--
                    ``(A) affixed a label bearing a `Made in America' 
                inscription, or any inscription with the same meaning, 
                to any steel, iron, or manufactured goods that--
                            ``(i) were used in a project to which this 
                        subsection applies; and
                            ``(ii) were not produced in the United 
                        States; or
                    ``(B) represented that any steel, iron, or 
                manufactured goods were produced in the United States 
                if such items--
                            ``(i) were used in a project to which this 
                        subsection applies; and
                            ``(ii) were not produced in the United 
                        States.
            ``(7) Consistency with international agreements.--
                    ``(A) In general.--This subsection shall be applied 
                in a manner that is consistent with United States 
                obligations under international agreements.
                    ``(B) Treatment of foreign countries in violation 
                of international agreements.--The Secretary shall 
                prohibit the use of steel, iron, and manufactured goods 
                produced in a foreign country in a project funded with 
                amounts made available to carry out this chapter, 
                chapter 223, chapter 261, or section 20154 or 24105, 
                including any project for which the Secretary has 
                issued a waiver under paragraph (3), if the Secretary, 
                in consultation with the United States Trade 
                Representative, determines that the foreign country is 
                in violation of the terms of an agreement with the 
                United States by discriminating against steel, iron, or 
                manufactured goods that are produced in the United 
                States and covered by the agreement.
            ``(8) Opportunity to correct inadvertent error.--The 
        Secretary may allow a manufacturer or supplier of steel, iron, 
        or manufactured goods to correct after bid opening an 
        incomplete Buy America certificate or an incorrect certificate 
        of noncompliance (but not a failure to sign a certificate, a 
        submission of both a certificate of compliance and a 
        certificate of noncompliance, or a failure to submit any 
        certificate) under this subsection if such manufacturer or 
        supplier attests under penalty of perjury that such 
        manufacturer or supplier submitted an incomplete or incorrect 
        certificate as a result of an inadvertent or clerical error. 
        The burden of establishing inadvertent or clerical error is on 
        the manufacturer or supplier.''.
    (b) Review of Nationwide Waivers.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and at least every 5 years 
        thereafter, the Secretary of Transportation shall review each 
        standing nationwide waiver issued under section 24405(a) of 
        title 49, United States Code, to determine whether continuing 
        that waiver is necessary.
            (2) Public notification of and opportunity for comment on 
        review of standing nationwide waivers.--In conducting a review 
        under paragraph (1), the Secretary shall provide notice of and 
        an opportunity for public comment on the review at least 30 
        days before completing the review.
            (3) Notice requirement.--A notice provided under paragraph 
        (2) shall be provided by electronic means, including on the 
        official public Internet site of the Department of 
        Transportation.
            (4) Detailed justification in federal register.--If the 
        Secretary finds it is necessary to continue a standing 
        nationwide waiver after a review under paragraph (1), the 
        Secretary shall publish in the Federal Register a detailed 
        justification for such waiver that addresses the public 
        comments received under paragraph (2).

SEC. 104. RAIL LOAN AND LOAN GUARANTEE BUY AMERICA PROVISIONS.

    Section 502(h)(3) of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 822(h)(3)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) the requirements under section 24405(a) of 
                title 49, United States Code.''.

SEC. 105. AMTRAK BUY AMERICA PROVISIONS.

    (a) In General.--Section 24305(f) of title 49, United States Code, 
is amended to read as follows:
    ``(f) Buy America.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Produced in the united states.--The term 
                `produced in the United States' means, with respect to 
                iron and steel, produced in a manner in which all 
                manufacturing processes, including the application of 
                coatings, occurs in the United States, other than a 
                metallurgical process involving the refinement of steel 
                additives.
                    ``(B) United states.--The term `United States' 
                means the States, territories, and possessions of the 
                United States and the District of Columbia.
            ``(2) Domestic source requirement for steel, iron, and 
        manufactured goods.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, amounts made available to Amtrak 
                under section 101(c) of the Passenger Rail Investment 
                and Improvement Act of 2008 (division B of Public Law 
                110-432) may not be used for a capital project (as 
                defined in subparagraphs (A) and (B) of section 
                24401(2)) to bring the Northeast Corridor to a state-
                of-good-repair or for any other capital expense of 
                Amtrak unless the steel, iron, and manufactured goods 
                used for the project or other capital expense are 
                produced in the United States.
                    ``(B) Scope.--This subsection applies to all 
                contracts for a project or other capital expense 
                carried out within the scope of the applicable finding, 
                determination, or decision under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.), regardless of the funding source of such 
                contracts, if at least 1 contract with respect to the 
                project or other capital expense is funded with amounts 
                made available under section 101(c) of the Passenger 
                Rail Investment and Improvement Act of 2008.
            ``(3) Exceptions.--
                    ``(A) Issuance of waivers.--The Secretary of 
                Transportation may waive paragraph (2) if the Secretary 
                determines that--
                            ``(i) applying paragraph (2) would be 
                        inconsistent with the public interest, as 
                        determined in accordance with the regulations 
                        issued in accordance with subparagraph (B);
                            ``(ii) the steel, iron, or manufactured 
                        goods required for a project or other capital 
                        expense are not produced in the United States--
                                    ``(I) in sufficient and reasonably 
                                available quantities; or
                                    ``(II) to a satisfactory quality; 
                                or
                            ``(iii) the use of steel, iron, and 
                        manufactured goods produced in the United 
                        States for a project or other capital expense 
                        will increase the total cost of the project or 
                        expense by more than 25 percent.
                    ``(B) Regulations.--Not later than 1 year after the 
                date of the enactment of the Invest in American Jobs 
                Act of 2015, the Secretary shall issue regulations 
                establishing the criteria that the Secretary shall use 
                to determine whether the application of paragraph (2) 
                is inconsistent with the public interest for purposes 
                of subparagraph (A)(i).
                    ``(C) Labor costs.--For purposes of this paragraph, 
                labor costs involved in final assembly shall not be 
                included in calculating the cost of components.
                    ``(D) Requests for waivers.--If Amtrak seeks a 
                waiver under subparagraph (A), Amtrak shall submit to 
                the Secretary a request for the waiver in such form and 
                containing such information as the Secretary may 
                require.
            ``(4) Waiver requirements.--
                    ``(A) Public notification of and opportunity for 
                comment on request for a waiver.--
                            ``(i) In general.--If the Secretary 
                        receives a request for a waiver from Amtrak 
                        under paragraph (3), the Secretary shall 
                        provide notice of, and an opportunity for, 
                        public comment on the request at least 30 days 
                        before making a determination based on the 
                        request.
                            ``(ii) Notice requirements.--A notice under 
                        clause (i) shall--
                                    ``(I) include the information 
                                available to the Secretary concerning 
                                the request, including whether the 
                                request is being made under clause (i), 
                                (ii), or (iii) of paragraph (3)(A); and
                                    ``(II) be provided by electronic 
                                means, including on the official public 
                                Internet site of the Department of 
                                Transportation.
                    ``(B) Detailed justification in federal register.--
                If the Secretary issues a waiver under paragraph (3), 
                the Secretary shall publish, in the Federal Register, a 
                detailed justification for the waiver that--
                            ``(i) addresses the public comments 
                        received under subparagraph (A)(i); and
                            ``(ii) is published before the waiver takes 
                        effect.
            ``(5) State requirements.--The Secretary may not impose a 
        limitation or condition on assistance provided under this 
        section that restricts--
                    ``(A) a State from imposing requirements that are 
                more stringent than those imposed under this subsection 
                with respect to limiting the use of articles, 
                materials, or supplies mined, produced, or manufactured 
                in foreign countries for capital projects or other 
                capital expenses carried out with such assistance; or
                    ``(B) any recipient of such assistance from 
                complying with such State requirements.
            ``(6) Intentional violations.--Pursuant to procedures 
        established under subpart 9.4 of chapter 1 of title 48, Code of 
        Federal Regulations (or successor regulations), a person shall 
        be ineligible to receive a contract or subcontract funded with 
        amounts described in paragraph (2)(A) if the Secretary, the 
        head of any department, agency, or instrumentality of the 
        United States, or a court determines that such person 
        intentionally--
                    ``(A) affixed a label bearing a `Made in America' 
                inscription, or any inscription with the same meaning, 
                to any steel, iron, or manufactured goods that--
                            ``(i) were used in a capital project or 
                        other capital expense to which this subsection 
                        applies; and
                            ``(ii) were not produced in the United 
                        States; or
                    ``(B) represented that any steel, iron, or 
                manufactured goods were produced in the United States 
                if such items--
                            ``(i) were used in a capital project or 
                        other capital expense to which this subsection 
                        applies; and
                            ``(ii) were not produced in the United 
                        States.
            ``(7) Consistency with international agreements.--
                    ``(A) In general.--This subsection shall be applied 
                in a manner that is consistent with United States 
                obligations under international agreements.
                    ``(B) Treatment of foreign countries in violation 
                of international agreements.--The Secretary shall 
                prohibit the use of steel, iron, and manufactured goods 
                produced in a foreign country in a capital project or 
                other capital expense funded with amounts described in 
                paragraph (2)(A), including any project or capital 
                expense for which the Secretary has issued a waiver 
                under paragraph (3), if the Secretary, in consultation 
                with the United States Trade Representative, determines 
                that the foreign country is in violation of the terms 
                of an agreement with the United States by 
                discriminating against steel, iron, or manufactured 
                goods that are produced in the United States and 
                covered by the agreement.''.
    (b) Review of Nationwide Waivers.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and at least every 5 years 
        thereafter, the Secretary of Transportation shall review each 
        standing nationwide waiver issued under section 24305(f) of 
        title 49, United States Code, to determine whether continuing 
        such waiver is necessary.
            (2) Public notification of and opportunity for comment on 
        review of standing nationwide waivers.--In conducting a review 
        under paragraph (1), the Secretary shall provide notice of and 
        an opportunity for public comment on the review at least 30 
        days before completing the review.
            (3) Notice requirement.--A notice provided under paragraph 
        (2) shall be provided by electronic means, including on the 
        official public Internet site of the Department of 
        Transportation.
            (4) Detailed justification in federal register.--If the 
        Secretary finds it is necessary to continue a standing 
        nationwide waiver after a review under paragraph (1), the 
        Secretary shall publish in the Federal Register a detailed 
        justification for such waiver that addresses the public 
        comments received under paragraph (2).

SEC. 106. AVIATION BUY AMERICA PROVISIONS.

    (a) Buy-American Preferences.--Chapter 501 of title 49, United 
States Code, is amended by striking the chapter heading and inserting 
the following: ``BUY AMERICA''.
    (b) Enhancements To Buy America Requirements.--Section 50101 of 
such title is amended to read as follows:
``Sec. 50101. Buy America
    ``(a) Definition of Produced in the United States.--In this 
section, the term `produced in the United States' means, with respect 
to iron and steel, produced in a manner in which all manufacturing 
processes, including the application of coatings, occurs in the United 
States, other than a metallurgical process involving the refinement of 
steel additives.
    ``(b) Domestic Source Requirement for Steel, Iron, and Manufactured 
Goods.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, and except as provided in paragraph (2), funds made 
        available to carry out section 106(k), 44502(a)(2), or 44509, 
        subchapter I of chapter 471 (except section 47127), or chapter 
        481 (except sections 48102(e), 48106, 48107, and 48110) of this 
        title may not be obligated for a project unless the steel, 
        iron, and manufactured goods used for the project are produced 
        in the United States.
            ``(2) Special rules for certain facilities and equipment.--
        With respect to a project for the procurement of a facility or 
        equipment, funds made available to carry out the provisions 
        specified in paragraph (1) may not be obligated for the project 
        unless--
                    ``(A) the cost of components and subcomponents 
                produced in the United States--
                            ``(i) for fiscal year 2016 is more than 60 
                        percent of the cost of all components of the 
                        facility or equipment;
                            ``(ii) for fiscal year 2017 is more than 70 
                        percent of the cost of all components of the 
                        facility or equipment;
                            ``(iii) for fiscal year 2018 is more than 
                        80 percent of the cost of all components of the 
                        facility or equipment;
                            ``(iv) for fiscal year 2019 is more than 90 
                        percent of the cost of all components of the 
                        facility or equipment; and
                            ``(v) for fiscal year 2020, and each fiscal 
                        year thereafter, is 100 percent of the cost of 
                        all components of the facility or equipment; 
                        and
                    ``(B) final assembly of the facility or equipment 
                occurs in the United States.
            ``(3) Scope.--The requirements of this section apply to all 
        contracts for a project carried out within the scope of the 
        applicable finding, determination, or decision under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.), regardless of the funding source of such contracts, if 
        at least 1 contract for the project is funded with amounts made 
        available to carry out a provision specified in paragraph (1).
    ``(c) Exceptions.--
            ``(1) Issuance of waivers.--The Secretary of Transportation 
        may waive the requirements of subsection (b) only if the 
        Secretary finds that--
                    ``(A) applying subsection (b) would be inconsistent 
                with the public interest, as determined in accordance 
                with the regulations required under paragraph (2);
                    ``(B) the steel, iron, or manufactured goods 
                required for a project are not produced in the United 
                States--
                            ``(i) in sufficient and reasonably 
                        available quantities; or
                            ``(ii) to a satisfactory quality; or
                    ``(C) the use of steel, iron, and manufactured 
                goods produced in the United States for a project will 
                increase the total cost of the project by more than 25 
                percent.
            ``(2) Regulations.--Not later than 1 year after the date of 
        enactment of the Invest in American Jobs Act of 2015, the 
        Secretary shall issue regulations establishing the criteria 
        that the Secretary shall use to determine whether the 
        application of subsection (b) is inconsistent with the public 
        interest for purposes of paragraph (1)(A).
            ``(3) Labor costs.--For purposes of this section, labor 
        costs involved in final assembly are not included in 
        calculating the cost of components.
            ``(4) Requests for waivers.--An entity seeking a waiver 
        under paragraph (1) shall submit to the Secretary a request for 
        the waiver in such form and containing such information as the 
        Secretary may require.
            ``(5) Preference for american-assembled facilities and 
        equipment.--In the procurement of a facility or equipment 
        subject to a waiver issued under paragraph (1), the Secretary 
        shall give preference to a facility or equipment for which 
        final assembly occurred in the United States.
            ``(6) Limitation on waiver authority.--In the procurement 
        of a facility or equipment, if the Secretary finds that a 
        component of the facility or equipment is not produced in the 
        United States in sufficient and reasonably available quantities 
        or to a satisfactory quality, the Secretary may issue a waiver 
        under paragraph (1) with respect to such component.
    ``(d) Waiver Requirements.--
            ``(1) Public notification of and opportunity for comment on 
        request for a waiver.--
                    ``(A) In general.--If the Secretary receives a 
                request for a waiver under subsection (c), the 
                Secretary shall provide notice of and an opportunity 
                for public comment on the request at least 30 days 
                before making a finding based on the request.
                    ``(B) Notice requirements.--A notice provided under 
                subparagraph (A) shall--
                            ``(i) include the information available to 
                        the Secretary concerning the request, including 
                        whether the request is being made under 
                        subparagraph (A), (B), or (C) of subsection 
                        (c)(1); and
                            ``(ii) be provided by electronic means, 
                        including on the official public Internet site 
                        of the Department of Transportation.
            ``(2) Detailed justification in federal register.--If the 
        Secretary issues a waiver under subsection (c), the Secretary 
        shall publish in the Federal Register a detailed justification 
        for the waiver that--
                    ``(A) addresses the public comments received under 
                paragraph (1)(A); and
                    ``(B) is published before the waiver takes effect.
    ``(e) State Requirements.--The Secretary may not impose a 
limitation or condition on assistance provided with funds made 
available to carry out a provision specified in subsection (b)(1) that 
restricts--
            ``(1) a State from imposing requirements that are more 
        stringent than those imposed under this section with respect to 
        limiting the use of articles, materials, or supplies mined, 
        produced, or manufactured in foreign countries for projects 
        carried out with such assistance; or
            ``(2) any recipient of such assistance from complying with 
        such State requirements.
    ``(f) Consistency With International Agreements.--
            ``(1) In general.--This section shall be applied in a 
        manner that is consistent with United States obligations under 
        international agreements.
            ``(2) Treatment of foreign countries in violation of 
        international agreements.--The Secretary shall prohibit the use 
        of steel, iron, and manufactured goods produced in a foreign 
        country in a project funded with funds made available to carry 
        out a provision specified in subsection (b)(1), including any 
        project for which the Secretary has issued a waiver under 
        subsection (c), if the Secretary, in consultation with the 
        United States Trade Representative, determines that the foreign 
        country is in violation of the terms of an agreement with the 
        United States by discriminating against steel, iron, or 
        manufactured goods that are produced in the United States and 
        covered by the agreement.''.
    (c) Clerical Amendments.--
            (1) Subtitle analysis.--The analysis for subtitle VII of 
        title 49, United States Code, is amended by striking the item 
        relating to chapter 501 and inserting the following:

``501. Buy America..........................................   50101''.
            (2) Chapter analysis.--The analysis for chapter 501 of 
        title 49, United States Code, is amended by striking the item 
        relating to section 50101 and inserting the following:

``50101. Buy America.''.
    (d) Prohibition on Contracting Upon Falsification of Label.--
Section 50105 of such title is amended by inserting ``steel, iron, or 
manufactured'' before ``goods''.
    (e) Review of Nationwide Waivers.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, and not less frequently than every 5 
        years thereafter, the Secretary of Transportation shall review 
        each standing nationwide waiver issued under section 50101 of 
        title 49, United States Code, to determine whether continuing 
        such waiver is necessary.
            (2) Public notification of and opportunity for comment on 
        review of standing nationwide waivers.--In conducting a review 
        under paragraph (1), the Secretary shall provide notice of and 
        an opportunity for public comment on the review at least 30 
        days before completing the review.
            (3) Notice requirement.--A notice provided under paragraph 
        (2) shall be provided by electronic means, including on the 
        official public Internet site of the Department of 
        Transportation.
            (4) Detailed justification in federal register.--If the 
        Secretary finds it is necessary to continue a standing 
        nationwide waiver after a review under paragraph (1), the 
        Secretary shall publish in the Federal Register a detailed 
        justification for such waiver that addresses the public 
        comments received under paragraph (2).

SEC. 107. DEPARTMENT OF TRANSPORTATION BUY AMERICA ANNUAL REPORT.

    Section 308 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Buy America.--Not later than February 1 of each year 
beginning after the date of enactment of this subsection, the Secretary 
shall submit to Congress a report that--
            ``(1) specifies each project with respect to which the 
        Secretary issued a waiver from a Buy America requirement during 
        the preceding calendar year;
            ``(2) identifies the country of origin and product 
        specifications for steel, iron, or manufactured goods acquired 
        pursuant to each waiver from a Buy America requirement issued 
        by the Secretary during the preceding calendar year;
            ``(3) summarizes the monetary value of contracts awarded 
        pursuant to each waiver;
            ``(4) provides the justification for each waiver, including 
        the specific law, treaty, or international agreement under 
        which the waiver was granted;
            ``(5) summarizes the funds expended on--
                    ``(A) steel, iron, and manufactured goods produced 
                in the United States for projects with respect to which 
                a Buy America requirement, under which the Secretary 
                has waiver authority, applied during the preceding 
                calendar year; and
                    ``(B) steel, iron, and manufactured goods produced 
                outside the United States for projects with respect to 
                which the Secretary issued a waiver from a Buy America 
                requirement during the preceding calendar year; and
            ``(6) provides an employment impact analysis of the 
        cumulative effect of all waivers from a Buy America requirement 
        issued by the Secretary during the preceding calendar year on 
        manufacturing employment in the United States.''.

               TITLE II--OTHER INFRASTRUCTURE INVESTMENT

SEC. 201. DRINKING WATER TREATMENT BUY AMERICA PROVISIONS.

    (a) In General.--Section 1452(a) of the Safe Drinking Water Act (42 
U.S.C. 300j-12(a)) is amended by adding at the end the following:
            ``(4) Requirement for use of american materials.--
                    ``(A) Definition of produced in the united 
                states.--In this paragraph, the term `produced in the 
                United States' means, with respect to iron and steel, 
                produced in a manner in which all manufacturing 
                processes, including the application of coatings, 
                occurs in the United States, other than a metallurgical 
                process involving the refinement of steel additives.
                    ``(B) Requirement.--Notwithstanding any other 
                provision of law, none of the funds made available by a 
                State loan fund, as authorized under this section, may 
                be used for a project for the construction, alteration, 
                maintenance, or repair of a public water system unless 
                the steel, iron, and manufactured goods used in that 
                project are produced in the United States.
                    ``(C) Waivers.--Subparagraph (B) shall not apply in 
                any case in which the Administrator, in consultation 
                with the Governor of the applicable State, finds that--
                            ``(i) applying subparagraph (B) would be 
                        inconsistent with the public interest;
                            ``(ii) the steel, iron, and manufactured 
                        goods are not produced in the United States in 
                        sufficient and reasonably available quantities 
                        and of a satisfactory quality; or
                            ``(iii) inclusion of steel, iron, and 
                        manufactured goods produced in the United 
                        States will increase the cost of the overall 
                        project by more than 25 percent.
                    ``(D) Public notification and written justification 
                for waiver.--If the Administrator determines that it is 
                necessary to waive the application of subparagraph (B) 
                based on a finding under subparagraph (C), the 
                Administrator shall--
                            ``(i) not less than 15 days prior to 
                        waiving the application of subparagraph (B), 
                        provide public notice and the opportunity to 
                        comment on the intent of the Administrator to 
                        issue the waiver; and
                            ``(ii) on issuing the waiver, publish in 
                        the Federal Register a detailed written 
                        justification as to why the provision is being 
                        waived.
                    ``(E) Annual report.--Not later than the first 
                February 1 after the date of enactment of this 
                paragraph and not later than each February 1 
                thereafter, the Administrator shall submit to the 
                Committee on Environment and Public Works of the Senate 
                and the Committee on Transportation and Infrastructure 
                of the House of Representatives a report that--
                            ``(i) specifies each project with respect 
                        to which the Administrator issued a waiver 
                        under subparagraph (C) during the preceding 
                        calendar year;
                            ``(ii) identifies the country of origin and 
                        product specifications for steel, iron, or 
                        manufactured goods acquired pursuant to each 
                        waiver under subparagraph (C) issued by the 
                        Administrator during the preceding calendar 
                        year;
                            ``(iii) summarizes the monetary value of 
                        contracts awarded pursuant to each waiver;
                            ``(iv) provides the justification for each 
                        waiver, including the specific law, treaty, or 
                        international agreement under which the waiver 
                        was granted;
                            ``(v) summarizes the amounts expended on--
                                    ``(I) steel, iron, and manufactured 
                                goods produced in the United States for 
                                projects with respect to which the Buy 
                                America requirement under this 
                                paragraph applied during the preceding 
                                calendar year; and
                                    ``(II) steel, iron, and 
                                manufactured goods produced outside the 
                                United States for projects with respect 
                                to which the Administrator issued a 
                                waiver under subparagraph (C) during 
                                the preceding calendar year; and
                            ``(vi) provides an employment impact 
                        analysis of the cumulative effect of all 
                        waivers under subparagraph (C) issued by the 
                        Administrator during the preceding calendar 
                        year on manufacturing employment in the United 
                        States.
                    ``(F) State requirements.--The Administrator may 
                not impose a limitation or condition on assistance 
                provided under this section that restricts--
                            ``(i) a State from imposing requirements 
                        that are more stringent than those imposed 
                        under this paragraph with respect to limiting 
                        the use of articles, materials, or supplies 
                        mined, produced, or manufactured in foreign 
                        countries for projects carried out with such 
                        assistance; or
                            ``(ii) any recipient of such assistance 
                        from complying with the State requirements 
                        referred to in clause (i).
                    ``(G) Intentional violations.--Pursuant to 
                procedures established under subpart 9.4 of chapter 1 
                of title 48, Code of Federal Regulations (or successor 
                regulations), a person shall be ineligible to receive a 
                contract or subcontract funded with amounts made 
                available from a State loan fund if the Administrator, 
                the head of any department, agency, or instrumentality 
                of the United States, or a court determines that the 
                person intentionally--
                            ``(i) affixed a label bearing a `Made in 
                        America' inscription, or any inscription with 
                        the same meaning, to any steel, iron, or 
                        manufactured goods that--
                                    ``(I) were used in a project to 
                                which this section applies; and
                                    ``(II) were not produced in the 
                                United States; or
                            ``(ii) represented that any steel, iron, or 
                        manufactured goods were produced in the United 
                        States that--
                                    ``(I) were used in a project to 
                                which this paragraph applies; and
                                    ``(II) were not produced in the 
                                United States.
                    ``(H) Consistency with international agreements.--
                            ``(i) In general.--This paragraph shall be 
                        applied in a manner that is consistent with 
                        United States obligations under international 
                        agreements.
                            ``(ii) Treatment of foreign countries in 
                        violation of international agreements.--The 
                        Administrator shall prohibit the use of steel, 
                        iron, and manufactured goods produced in a 
                        foreign country in a project funded with 
                        amounts made available from a State loan fund, 
                        including any project for which the 
                        Administrator has issued a waiver under 
                        subparagraph (C), if the Administrator, in 
                        consultation with the United States Trade 
                        Representative, determines that the foreign 
                        country is in violation of the terms of an 
                        agreement with the United States by 
                        discriminating against steel, iron, or 
                        manufactured goods that are produced in the 
                        United States and covered by the agreement.''.
    (b) Review of Nationwide Waivers.--Not later than 1 year after the 
date of enactment of this Act, and at least every 5 years thereafter, 
the Administrator of the Environmental Protection Agency shall review 
each standing nationwide waiver issued under paragraph (4) of section 
1452(a) of the Safe Drinking Water Act (42 U.S.C. 300j-12(a)) (as added 
by this section) to determine whether continuing the waiver is 
necessary.

SEC. 202. ECONOMIC DEVELOPMENT BUY AMERICA PROVISIONS.

    (a) In General.--Title VI of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3211 et seq.) is amended by adding 
at the end the following:

``SEC. 613. BUY AMERICA.

    ``(a) Definition of Produced in the United States.--In this 
section, the term `produced in the United States' means, with respect 
to iron and steel, produced in a manner in which all manufacturing 
processes, including the application of coatings, occurs in the United 
States, other than a metallurgical process involving the refinement of 
steel additives.
    ``(b) Domestic Source Requirement for Steel, Iron, and Manufactured 
Goods.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, amounts made available to carry out section 201 or 209 may 
        not be obligated for a project unless the steel, iron, and 
        manufactured goods used for the project are produced in the 
        United States.
            ``(2) Scope.--This section applies to all contracts for a 
        project carried out within the scope of the applicable finding, 
        determination, or decision under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) regardless of the 
        funding source of those contracts, if at least 1 contract for 
        the project is funded with amounts made available to carry out 
        section 201 or 209.
    ``(c) Exceptions.--
            ``(1) Issuance of waivers.--The Secretary may waive the 
        requirements of subsection (b) only if the Secretary finds 
        that--
                    ``(A) applying subsection (b) would be inconsistent 
                with the public interest, as determined in accordance 
                with the regulations required under paragraph (2);
                    ``(B) the steel, iron, or manufactured goods 
                required for a project are not produced in the United 
                States--
                            ``(i) in sufficient and reasonably 
                        available quantities; or
                            ``(ii) to a satisfactory quality; or
                    ``(C) the use of steel, iron, and manufactured 
                goods produced in the United States for a project will 
                increase the total cost of the project by more than 25 
                percent.
            ``(2) Regulations.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall issue 
        regulations establishing the criteria that the Secretary shall 
        use to determine whether the application of subsection (b) is 
        inconsistent with the public interest for purposes of paragraph 
        (1)(A).
            ``(3) Requests for waivers.--A recipient of assistance 
        under section 201 or 209 seeking a waiver under paragraph (1) 
        shall submit to the Secretary a request for the waiver in such 
        form and containing such information as the Secretary may 
        require.
    ``(d) Waiver Requirements.--
            ``(1) Public notification of and opportunity for comment on 
        request for a waiver.--
                    ``(A) In general.--If the Secretary receives a 
                request for a waiver under subsection (c), the 
                Secretary shall provide notice of and an opportunity 
                for public comment on the request at least 30 days 
                before making a finding based on the request.
                    ``(B) Notice requirements.--A notice provided under 
                subparagraph (A) shall--
                            ``(i) include the information available to 
                        the Secretary concerning the request, including 
                        whether the request is being made under 
                        subparagraph (A), (B), or (C) of subsection 
                        (c)(1); and
                            ``(ii) be provided by electronic means, 
                        including on the official public Internet site 
                        of the Department.
            ``(2) Detailed justification in federal register.--If the 
        Secretary issues a waiver under subsection (c), the Secretary 
        shall publish in the Federal Register a detailed justification 
        for the waiver that--
                    ``(A) addresses the public comments received under 
                paragraph (1)(A); and
                    ``(B) is published before the waiver takes effect.
            ``(3) Annual report.--Not later than the first February 1 
        after the date of enactment of this section and not later than 
        each February 1 thereafter, the Secretary shall submit to the 
        Committee on Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives a report that--
                    ``(A) specifies each project with respect to which 
                the Secretary issued a waiver under subsection (c) 
                during the preceding calendar year;
                    ``(B) identifies the country of origin and product 
                specifications for steel, iron, or manufactured goods 
                acquired pursuant to each waiver under subsection (c) 
                issued by the Secretary during the preceding calendar 
                year;
                    ``(C) summarizes the monetary value of contracts 
                awarded pursuant to each waiver;
                    ``(D) provides the justification for each waiver, 
                including the specific law, treaty, or international 
                agreement under which the waiver was granted;
                    ``(E) summarizes the amounts expended on--
                            ``(i) steel, iron, and manufactured goods 
                        produced in the United States for projects with 
                        respect to which the Buy America requirement 
                        under this section applied during the preceding 
                        calendar year; and
                            ``(ii) steel, iron, and manufactured goods 
                        produced outside the United States for projects 
                        with respect to which the Secretary issued a 
                        waiver under subsection (c) during the 
                        preceding calendar year; and
                    ``(F) provides an employment impact analysis of the 
                cumulative effect of all waivers under subsection (c) 
                issued by the Secretary during the preceding calendar 
                year on manufacturing employment in the United States.
    ``(e) State Requirements.--The Secretary may not impose a 
limitation or condition on assistance provided under section 201 or 209 
that restricts--
            ``(1) a State from imposing requirements that are more 
        stringent than those imposed under this section with respect to 
        limiting the use of articles, materials, or supplies mined, 
        produced, or manufactured in foreign countries for projects 
        carried out with such assistance; or
            ``(2) any recipient of such assistance from complying with 
        the State requirements.
    ``(f) Intentional Violations.--Pursuant to procedures established 
under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations 
(or successor regulations), a person shall be ineligible to receive a 
contract or subcontract funded with amounts made available to carry out 
section 201 or 209 if the Secretary, the head of any department, 
agency, or instrumentality of the United States, or a court determines 
that the person intentionally--
            ``(1) affixed a label bearing a `Made in America' 
        inscription, or any inscription with the same meaning, to any 
        steel, iron, or manufactured goods that--
                    ``(A) were used in a project to which this section 
                applies; and
                    ``(B) were not produced in the United States; or
            ``(2) represented that any steel, iron, or manufactured 
        goods were produced in the United States that--
                    ``(A) were used in a project to which this section 
                applies; and
                    ``(B) were not produced in the United States.
    ``(g) Consistency With International Agreements.--
            ``(1) In general.--This section shall be applied in a 
        manner that is consistent with United States obligations under 
        international agreements.
            ``(2) Treatment of foreign countries in violation of 
        international agreements.--The Secretary shall prohibit the use 
        of steel, iron, and manufactured goods produced in a foreign 
        country in a project funded with amounts made available to 
        carry out section 201 or 209, including any project for which 
        the Secretary has issued a waiver under subsection (c), if the 
        Secretary, in consultation with the United States Trade 
        Representative, determines that the foreign country is in 
        violation of the terms of an agreement with the United States 
        by discriminating against steel, iron, or manufactured goods 
        that are produced in the United States and covered by the 
        agreement.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Public Works and Economic Development Act of 1965 is amended by 
inserting after the item relating to section 612 the following:

``613. Buy America.''.
    (c) Review of Nationwide Waivers.--Not later than 1 year after the 
date of enactment of this Act, and at least every 5 years thereafter, 
the Secretary of Commerce shall review each standing nationwide waiver 
issued under section 613 of the Public Works and Economic Development 
Act of 1965 (as added by this section) to determine whether continuing 
the waiver is necessary.

SEC. 203. FEMA MITIGATION GRANT BUY AMERICA PROVISIONS.

    (a) In General.--Title VII of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5201 et seq.) is amended 
by adding at the end the following:

``SEC. 707. BUY AMERICA.

    ``(a) Definition of Produced in the United States.--In this 
section, the term `produced in the United States' means, with respect 
to iron and steel, produced in a manner in which all manufacturing 
processes, including the application of coatings, occurs in the United 
States, other than a metallurgical process involving the refinement of 
steel additives.
    ``(b) Domestic Source Requirement for Steel, Iron, and Manufactured 
Goods.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, funds made available under section 203, 404, 406, 417, or 
        614 may not be obligated for a project unless the steel, iron, 
        and manufactured goods used for the project are produced in the 
        United States.
            ``(2) Scope.--This section applies to all contracts for a 
        project carried out within the scope of the applicable finding, 
        determination, or decision under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the 
        funding source of those contracts, if at least 1 contract for 
        the project is funded with amounts made available to carry out 
        a section specified in paragraph (1).
    ``(c) Exceptions.--
            ``(1) Issuance of waivers.--The President may waive 
        subsection (b) only if the President finds that--
                    ``(A) applying subsection (b) would be inconsistent 
                with the public interest, as determined in accordance 
                with the regulations issued in accordance with 
                paragraph (2);
                    ``(B) the steel, iron, or manufactured goods 
                required for a project are not produced in the United 
                States--
                            ``(i) in sufficient and reasonably 
                        available quantities; or
                            ``(ii) to a satisfactory quality; or
                    ``(C) the use of steel, iron, and manufactured 
                goods produced in the United States for a project will 
                increase the total cost of the project by more than 25 
                percent.
            ``(2) Regulations.--Not later than 1 year after the date of 
        enactment of the Invest in American Jobs Act of 2015, the 
        President shall issue regulations establishing the criteria 
        that the President shall use to determine whether the 
        application of subsection (b) is inconsistent with the public 
        interest for purposes of paragraph (1)(A).
            ``(3) Requests for waivers.--A recipient of assistance 
        under a section specified in subsection (b)(1) seeking a waiver 
        under paragraph (1) of this subsection shall submit to the 
        President a request for the waiver in such form and containing 
        such information as the President may require.
    ``(d) Waiver Requirements.--
            ``(1) Public notification of and opportunity for comment on 
        request for a waiver.--
                    ``(A) In general.--If the President receives a 
                request for a waiver under subsection (c), the 
                President shall provide notice of and an opportunity 
                for public comment on the request at least 30 days 
                before making a finding based on the request.
                    ``(B) Notice requirements.--A notice provided under 
                subparagraph (A) shall--
                            ``(i) include the information available to 
                        the President concerning the request, including 
                        whether the request is being made under 
                        subparagraph (A), (B), or (C) of subsection 
                        (c)(1); and
                            ``(ii) be provided by electronic means, 
                        including on the official public Internet site 
                        of the President.
            ``(2) Detailed justification in federal register.--If the 
        President issues a waiver under subsection (c), the President 
        shall publish in the Federal Register a detailed justification 
        for the waiver that--
                    ``(A) addresses the public comments received under 
                paragraph (1)(A); and
                    ``(B) is published before the waiver takes effect.
            ``(3) Annual report.--Not later than February 1 of each 
        year beginning after the date of enactment of the Invest in 
        American Jobs Act of 2015, the President, acting through the 
        Administrator of the Federal Emergency Management Agency, shall 
        submit to the Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report that--
                    ``(A) specifies each project with respect to which 
                the President issued a waiver under subsection (c) 
                during the preceding calendar year;
                    ``(B) identifies the country of origin and product 
                specifications for steel, iron, or manufactured goods 
                acquired pursuant to each waiver under subsection (c) 
                issued by the President during the preceding calendar 
                year;
                    ``(C) summarizes the monetary value of contracts 
                awarded pursuant to each such waiver;
                    ``(D) provides the justification for each such 
                waiver, including the specific law, treaty, or 
                international agreement under which the waiver was 
                granted;
                    ``(E) summarizes the funds expended on--
                            ``(i) steel, iron, and manufactured goods 
                        produced in the United States for projects with 
                        respect to which the Buy America requirement 
                        under this section applied during the preceding 
                        calendar year; and
                            ``(ii) steel, iron, and manufactured goods 
                        produced outside the United States for projects 
                        with respect to which the President issued a 
                        waiver under subsection (c) during the 
                        preceding calendar year; and
                    ``(F) provides an employment impact analysis of the 
                cumulative effect of all waivers under subsection (c) 
                issued by the President during the preceding calendar 
                year on manufacturing employment in the United States.
    ``(e) State Requirements.--The President may not impose a 
limitation or condition on assistance provided under a section 
specified in subsection (b)(1) that restricts--
            ``(1) a State from imposing requirements that are more 
        stringent than those imposed under this section with respect to 
        limiting the use of articles, materials, or supplies mined, 
        produced, or manufactured in foreign countries for projects 
        carried out with such assistance; or
            ``(2) any recipient of such assistance from complying with 
        such State requirements.
    ``(f) Intentional Violations.--Pursuant to procedures established 
under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations 
(or successor regulations), a person shall be ineligible to receive a 
contract or subcontract funded with amounts made available to carry out 
a section specified in subsection (b)(1) if the President, the head of 
any department, agency, or instrumentality of the United States, or a 
court determines that such person intentionally--
            ``(1) affixed a label bearing a `Made in America' 
        inscription, or any inscription with the same meaning, to any 
        steel, iron, or manufactured goods that--
                    ``(A) were used in a project to which this section 
                applies; and
                    ``(B) were not produced in the United States; or
            ``(2) represented that any steel, iron, or manufactured 
        goods were produced in the United States that--
                    ``(A) were used in a project to which this section 
                applies; and
                    ``(B) were not produced in the United States.
    ``(g) Consistency With International Agreements.--
            ``(1) In general.--This section shall be applied in a 
        manner that is consistent with United States obligations under 
        international agreements.
            ``(2) Treatment of foreign countries in violation of 
        international agreements.--The President shall prohibit the use 
        of steel, iron, and manufactured goods produced in a foreign 
        country in a project funded with amounts made available to 
        carry out a section specified in subsection (b)(1), including 
        any project for which the President has issued a waiver under 
        subsection (c), if the President, in consultation with the 
        United States Trade Representative, determines that the foreign 
        country is in violation of the terms of an agreement with the 
        United States by discriminating against steel, iron, or 
        manufactured goods that are produced in the United States and 
        covered by the agreement.
    ``(h) Emergency Waiver.--Notwithstanding any other provision of 
this section, the President may waive the applicability of this 
section, in whole or in part, in an emergency.''.
    (b) Review of Nationwide Waivers.--Not later than 1 year after the 
date of enactment of this Act, and at least every 5 years thereafter, 
the President shall review each standing nationwide waiver issued under 
section 707 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (as added by this section) to determine whether 
continuing such waiver is necessary.
    (c) Repeal of Buy America Requirements.--Section 306 of the 
Disaster Mitigation Act of 2000 (42 U.S.C. 5206) is repealed.

SEC. 204. BRIDGES OVER NAVIGABLE WATERS BUY AMERICA PROVISIONS.

    (a) In General.--The Act of June 21, 1940 (33 U.S.C. 511 et seq.) 
(commonly known as the ``Truman-Hobbs Act''), is amended by adding at 
the end the following:

``SEC. 14. BUY AMERICA.

    ``(a) Definition of Produced in the United States.--In this 
section, the term `produced in the United States' means, with respect 
to iron and steel, produced in a manner in which all manufacturing 
processes, including the application of coatings, occurs in the United 
States, other than a metallurgical process involving the refinement of 
steel additives.
    ``(b) Domestic Source Requirement for Steel, Iron, and Manufactured 
Goods.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, amounts made available to carry out this Act may not be 
        used, in whole or in part, for a project for the alteration of 
        a bridge unless the steel, iron, and manufactured goods used 
        for the project are produced in the United States.
            ``(2) Scope.--This section applies to all contracts for a 
        project carried out within the scope of the applicable finding, 
        determination, or decision under the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.), regardless of the 
        funding source of those contracts, if at least 1 contract for 
        the project is funded with amounts made available to carry out 
        this Act.
    ``(c) Exceptions.--
            ``(1) Issuance of waivers.--The Secretary may waive the 
        requirements of subsection (b) only if the Secretary finds 
        that--
                    ``(A) applying subsection (b) would be inconsistent 
                with the public interest, as determined in accordance 
                with the regulations required under paragraph (2);
                    ``(B) the steel, iron, or manufactured goods 
                required for a project are not produced in the United 
                States--
                            ``(i) in sufficient and reasonably 
                        available quantities; or
                            ``(ii) to a satisfactory quality; or
                    ``(C) the use of steel, iron, and manufactured 
                goods produced in the United States for a project will 
                increase the total cost of the project by more than 25 
                percent.
            ``(2) Regulations.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall issue 
        regulations establishing the criteria that the Secretary shall 
        use to determine whether the application of subsection (b) is 
        inconsistent with the public interest for purposes of paragraph 
        (1)(A).
            ``(3) Requests for waivers.--A recipient of assistance 
        under this Act seeking a waiver under paragraph (1) shall 
        submit to the Secretary a request for the waiver in such form 
        and containing such information as the Secretary may require.
    ``(d) Waiver Requirements.--
            ``(1) Public notification of and opportunity for comment on 
        request for a waiver.--
                    ``(A) In general.--If the Secretary receives a 
                request for a waiver under subsection (c), the 
                Secretary shall provide notice of and an opportunity 
                for public comment on the request at least 30 days 
                before making a finding based on the request.
                    ``(B) Notice requirements.--A notice provided under 
                subparagraph (A) shall--
                            ``(i) include the information available to 
                        the Secretary concerning the request, including 
                        whether the request is being made under 
                        subparagraph (A), (B), or (C) of subsection 
                        (c)(1); and
                            ``(ii) be provided by electronic means, 
                        including on the official public Internet site 
                        of the department in which the Coast Guard is 
                        operating.
            ``(2) Detailed justification in federal register.--If the 
        Secretary issues a waiver under subsection (c), the Secretary 
        shall publish in the Federal Register a detailed justification 
        for the waiver that--
                    ``(A) addresses the public comments received under 
                paragraph (1)(A); and
                    ``(B) is published before the waiver takes effect.
            ``(3) Annual report.--Not later than the first February 1 
        after the date of enactment of this section and not later than 
        each February 1 thereafter, the Secretary shall submit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report that--
                    ``(A) specifies each project with respect to which 
                the Secretary issued a waiver under subsection (c) 
                during the preceding calendar year;
                    ``(B) identifies the country of origin and product 
                specifications for steel, iron, or manufactured goods 
                acquired pursuant to each waiver under subsection (c) 
                issued by the Secretary during the preceding calendar 
                year;
                    ``(C) summarizes the monetary value of contracts 
                awarded pursuant to each waiver;
                    ``(D) provides the justification for each waiver, 
                including the specific law, treaty, or international 
                agreement under which the waiver was granted;
                    ``(E) summarizes the amounts expended on--
                            ``(i) steel, iron, and manufactured goods 
                        produced in the United States for projects with 
                        respect to which the Buy America requirement 
                        under this section applied during the preceding 
                        calendar year; and
                            ``(ii) steel, iron, and manufactured goods 
                        produced outside the United States for projects 
                        with respect to which the Secretary issued a 
                        waiver under subsection (c) during the 
                        preceding calendar year; and
                    ``(F) provides an employment impact analysis of the 
                cumulative effect of all waivers under subsection (c) 
                issued by the Secretary during the preceding calendar 
                year on manufacturing employment in the United States.
    ``(e) State Requirements.--The Secretary may not impose a 
limitation or condition on assistance provided under this Act that 
restricts--
            ``(1) a State from imposing requirements that are more 
        stringent than those imposed under this section with respect to 
        limiting the use of articles, materials, or supplies mined, 
        produced, or manufactured in foreign countries for projects 
        carried out with such assistance; or
            ``(2) any recipient of such assistance from complying with 
        the State requirements referred to in paragraph (1).
    ``(f) Intentional Violations.--Pursuant to procedures established 
under subpart 9.4 of chapter 1 of title 48, Code of Federal Regulations 
(or successor regulations), a person shall be ineligible to receive a 
contract or subcontract funded with amounts made available under this 
Act if the Secretary, the head of any department, agency, or 
instrumentality of the United States, or a court determines that the 
person intentionally--
            ``(1) affixed a label bearing a `Made in America' 
        inscription, or any inscription with the same meaning, to any 
        steel, iron, or manufactured goods that--
                    ``(A) were used in a project to which this section 
                applies; and
                    ``(B) were not produced in the United States; or
            ``(2) represented that any steel, iron, or manufactured 
        goods were produced in the United States that--
                    ``(A) were used in a project to which this section 
                applies; and
                    ``(B) were not produced in the United States.
    ``(g) Consistency With International Agreements.--
            ``(1) In general.--This section shall be applied in a 
        manner that is consistent with United States obligations under 
        international agreements.
            ``(2) Treatment of foreign countries in violation of 
        international agreements.--The Secretary shall prohibit the use 
        of steel, iron, and manufactured goods produced in a foreign 
        country in a project funded with amounts made available under 
        this Act, including any project for which the Secretary has 
        issued a waiver under subsection (c), if the Secretary, in 
        consultation with the United States Trade Representative, 
        determines that the foreign country is in violation of the 
        terms of an agreement with the United States by discriminating 
        against steel, iron, or manufactured goods that are produced in 
        the United States and covered by the agreement.
    ``(h) Emergency Waiver.--Notwithstanding any other provision of 
this section, the Secretary may waive the applicability of this 
section, in whole or in part, in an emergency.''.
    (b) Review of Nationwide Waivers.--Not later than 1 year after the 
date of enactment of this Act, and at least every 5 years thereafter, 
the Secretary of the department in which the Coast Guard is operating 
shall review each standing nationwide waiver issued under section 14 of 
the Act of June 21, 1940 (as added by this section), to determine 
whether continuing the waiver is necessary.
                                 <all>
```